| Notice Filed with SOS |
05/31/2023 |
| Rule |
ProposedRuleAttach2023-00284.pdf |
| Additional Information |
AddInfoAttach2023-00284.docx |
| Statutory Authority |
The statutory authority for this rule includes, but is not limited to, §§ 24-1-107, 24-1-117, 24-35-103, 42-1-102(24), 42-1-201, 42-1-204, 42-2-126, and more generally, Article 1 Parts 1 and 2, Article 2 Parts 1 through 5, and Article 7 of Title 42, C.R.S. |
| Description of Subjects/Issues |
These 9 new and amended rules for administrative cases involving driver’s licenses and state issued identification cards are proposed for the following reasons. Proposed Rule 1 defines certain words used in these rules. Proposed Rule 2 improves the description of Hearing Officer authority. Proposed Rule 3 describes Hearing Officer discretion to exclude cumulative evidence, apply the Colorado Rules of Evidence, and consider evidence offered at hearing. Proposed Rule 4 requires that exhibits offered at hearing be either numbered or lettered, and clarifies Hearing Officer discretion to limit or exclude exhibits that would unduly encumber the record. Proposed Rule 5 improves the wording and the procedure for subpoena requests. Proposed Rule 6 improves the language concerning the conduct and decorum required for participants in a hearing and makes explicit that Hearing Officers have discretion to sequester witnesses. Proposed new Rule 7 describes when a request for hearing must be written and how to submit timely hearing requests. Proposed new Rule 8 establishes that hearings will be conducted by phone or other electronic means unless an in person hearing is requested and approved. Proposed new Rule 9 describes the procedure for requesting that a hearing be rescheduled or continued, and the consequences of failing to appear at hearing after appropriate notice. |
| Purpose/Objective of Rule |
These 9 new and amended rules for administrative cases involving driver’s licenses and state issued identification cards are proposed for the following reasons. Proposed Rule 1 defines certain words used in these rules. Proposed Rule 2 improves the description of Hearing Officer authority. Proposed Rule 3 describes Hearing Officer discretion to exclude cumulative evidence, apply the Colorado Rules of Evidence, and consider evidence offered at hearing. Proposed Rule 4 requires that exhibits offered at hearing be either numbered or lettered, and clarifies Hearing Officer discretion to limit or exclude exhibits that would unduly encumber the record. Proposed Rule 5 improves the wording and the procedure for subpoena requests. Proposed Rule 6 improves language concerning the conduct and decorum required for participants in a hearing and makes explicit that Hearing Officers have discretion to sequester witnesses. Proposed new Rule 7 describes when a request for hearing must be written and how to submit timely hearing requests. Proposed new Rule 8 establishes that hearings will be conducted by phone or other electronic means unless an in person hearing is requested and approved. Proposed new Rule 9 describes the procedure for requesting that a hearing be rescheduled or continued, and the consequences of failing to appear at hearing after appropriate notice. |
| Comments |
Please add the new effective date as a footnote in the same format as the earlier effective dates also included as footnotes (i.e. "Entire Rule eff. 11/29/2023."). |
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
No
|
| Hearing Date |
07/13/2023 |
| Hearing Time |
01:00 PM |
| Hearing Location |
Virtual Hearing - Zoom meeting link https://us02web.zoom.us/j/86119379392 |
| Contact Name |
Allison Caldwell |
| Contact Title |
Hearing Officer III |
| Contact Telephone |
303-205-5606 |
| Contact email |
dor_hdrules@state.co.us |